1. Child Labour Programme of Action CLPA
Presentation to Labour Portfolio Committee
Cape Town
4 August 2010
Welcome and informing the DGs what the presentation is about and that as the DoL we are proud to inform them about our success in have develop as South

2. Purpose of the presentation
Background to the CLPA
Process issues
Provide an overview of the CLPA
Provide some Statistics
Achievements against action steps set out in the CLPA
What about other government Departments
Some Enforcement Data for child labour
Roadmap for Achieving the Elimination of the Worst Forms of Child Labour by 2016

3. BACKGROUND
In September 2003, the DoL finalised the draft Child Labour Programme of Action (CLPA) a programme aimed at eradicating child Labour in South Africa.
CLPA drafted in compliance with South Africa’s Constitution, the Basic Conditions of Employment Act, 1997 and South Africa’s obligations in terms of ratified international instruments such as the International Labour Organisation’s Minimum Age Convention, Worst Forms of Child Labour Convention,1999, and the UN convention on the Rights of the Child, 1989.
The CLPA was adopted after extensive consultation with a body of key stakeholders and all Government Departments in order for it to be presented to Cabinet.
It required a multi –sectoral and inter – disciplinary approach in drafting the CLPA.
The purpose of the CLPA is to eradicate child labour in South Africa primarily through mainstreaming child labour into government policies and programmes.

4. What is the CLPA?
The Child Labour Programme of Action (CLPA) is fundamentally a comprehensive strategy by government to address Child Labour.
The updated CLPA was built on lessons learned in the pilot projects and research and policy development that was conducted.
The updated CLPA will serve as the implementation document for the second phase of implementation (2008 – 2012).
It will further be used as a tool in the general awareness raising on Child Labour and other Child related issues

5. Objectives of the CLPA
The identification of forms of child labour including the worst forms,
Prioritisation because of limited resources
The definition and clarification of roles for all key and relevant role players,
The design, implementation and monitoring of programmes,
The identification of targets and indications of success,
The identification of the requisite human and financial resources.

6. CLPA UPDATE
The CLPA was first presented to Cabinet in 2005 who advised that it be updated.
In 2007 the updated Child Labour Programme of Action (CLPA) was adopted by members of the Implementation Committee
The updated CLPA was adopted by the Implementation Committee on the 27th September 2007.
The CLPA was presented to the JCPS cluster in 2008 and
Approved by Cabinet in February 2009

7. OVERVIEW

8. Key ILO Conventions
Minimum Age for Admission to Employment Convention, 1973
Worst Forms of Child Labour Convention, 1999

9. BCEA prohibits the employment of
Legislative Context
BCEA prohibits the employment of
under 15:
15-17 old if work in-appropriate for child’s age or bad for his / her development
Sexual Offences Act:
Prostitution; statutory rape, ‘immoral or indecent acts’, keeping of a brothel
Promulgated 16 December 2007
SA Schools Act:
No one may prevent a child from attending school.
School leaving age
Child Act:
Identification of a child in need of care
Abuse of children prohibited – ‘abuse’ includes certain forms of child work
Amendment to the Act promulgated in 2010
BCEA:
Only employment prohibitied. Many working children do not fall within definition of ‘employee’
But a person is presumed to be an ‘Employee’ unless contrary is proved
And the Minister may deem certain children to be employees
Both are criminal offences.
Children 15-17: Minister may prohibit / place conditions on employment
Schools Act:
Criminal offence for any person to prevent a child from attending school, unless there is a valid reason for doing so.
NOTE: These are only some of the laws applicable. And the strongest action may not be laws. It may be other areas of policy, such as awareness compaigns, or poverty relief programmes.

10. Institutional arrangements
National Programme of Action Steering Committee, a cabinet mandated structure which coordinates and monitors all child rights activities: This is located in the Presidency
Steering committee of the NPA’s National Task Team on Human Trafficking - Tsireledzani – Counter Trafficking Programme
The Child Labour Labour Intersectoral Group which is a coalition of government departments, NGO’s, employers and employees organisations

11. Consultation Extensive consultations with key stakeholders was done.
Government departments subsequently identified action steps within their spheres of operation and also committed themselves to implementing these action steps.

12. Stakeholders Consulted
Partners have a role to play in all main areas of intervention
Direct role in terms of services and influence on members
Indirect role in terms of influencing government
Business
Organised business is on board
Inclusion of informal sector important
Organised labour
Important input on labour regulations & occupational health
Significant also as influential mass based organisation
Child-centred NGOS
Critical direct role in poverty alleviation and services
Dual role: Extension of government and lobby group
Goal to extend civil society involvement in CLPA

13. STAKEHOLDERS CONSULTED
Departments of:
- Education;
- Social Development,
- Water Affairs & Forestry,
- Home Affairs,
- Public Works,
- Trade & industry,
- Justice & Constitutional Development,
- National Treasury,
- Statistics SA
- Health
Organised Business
Business Unity South Africa, Agri-SA
Organised Labour
NACTU, COSATU, FEDUSA
NGO’s and other
Network Against Child Labour,
National Youth Commission,
International Labour Organisation

14. Some Statistics

15. What did the first real Child Labour Statistics say
SAYP - Picture in 1999
36% of children aged 5-17 years (4.8 million) did at least 3 hours ‘economic’ work or at least 7 hours other work per week
12% of children (1.7 million) did at least 12 hours ‘economic’ work or at least 14 hours’ of household work or at least 12 hours of school labour
per week

16. Most common ‘economic’ work
Subsistence agriculture
Retail trade
Commercial agriculture
Manufacturing and construction
Domestic work
In many cases the businesses are family concerns

17. assist with family money
Why do children work?
In the StatsSA study:
15%
assist with family money
59% duty to help family
10%
other or no answer
16% earn pocket money

18. What did the Stats say in 2006
In 2006 a child labour module was added to the LFS
Caution: the Survey on the Activities of Young Persons and the module deals with children slightly differently:
SAYP and
LFS 10 – 15 and

19. A closer look at the 2006 Stats
A total of 238 000 children were found to be employed,
The only activities with significant numbers of children having done them over the last seven days were the following:
work on the family plot, (household’s farm, food garden, cattle post or kraal, (140 000 children),
running or doing a business (37 000),
working as a paid non-domestic employee (36 000 children), and
working unpaid in a family business (21 000 children).
Girls and boys were equally likely to be employed (3% of each group), while children aged years were slightly more likely to be employed than younger children (4%)
Overall, 86% of employed children aged years were working in the informal sector,

20. When will new Statistics be available
StatsSA has included a module on child labour on the current survey that they are conducting
Promised that the data will be available at the earliest end of this year but definitely before the end of the financial year
Expressed interest in doing a stand alone survey similar to SAYP – funds!

21. Achievements against action steps set out in the CLPA

22. Significant strides in eradicating child labour
Expansion of measures to relieve household poverty which is the main driver of child labour.
The number of child support grants has increased Very importantly the upper age limit for children covered by the grant has been steadily increased - children will be eligible until they turn 18. This takes the upper age limit above the minimum age for legal work and caters in this category that are still at school.
School fees have been abolished at a number of schools in the country’s poorest communities.( In 2007,55% of public schools were classified as no-fee schools)

23. Legislative arsenal developed
Legislation to address child labour has been strengthened substantially.
In 2003,most of the worst forms of child labour were not specifically named as an offence.
By 2008, - a full legal arsenal against worst forms of child labour:
The Children’s Act (as amended in 2007) our biggest weapon. Deals explicitly with child trafficking, children used by adults to commit crime (CUBAC), and the commercial sexual exploitation of children CSEC. It also reinforced the Basic Conditions of Employment Act’s provisions on forced labour.
The Child Justice Act provides innovative ways in dealing with children that have been involved either in CUBAC (Children used by Adults to Commit Crime and CSEC (Commercial Sexual Exploitation of Children)

24. Legislation in the pipeline
Prevention and Combating of Trafficking in Persons Bill
The purpose of the Bill therefore is to generally combat trafficking in persons -prosecution, prevention, protection assistance and enforcement.
A joint submission with relevant government departments was made to the Justice portfolio Committee

25. Time bound programme: Towards the elimination of the worst forms of Child Labour (TECL)
With the assistance of the ILO’s Time bound Programme TECL we ventured into areas with a specific focus on poverty alleviation:
Procedures were developed to help police and justice officials recognise when child offenders were being manipulated or exploited by adults, and take this into account when deciding how to deal with the child, and bring the adult perpetrator to justice.
A method was developed to help municipalities set priorities for water provision so that they gave preference to areas where fetching water is so arduous that it amounts to child labour. Our National Department of Water Affairs has already started introducing this nationally and monitoring its impact.
A study of scavenging at landfills and dumping sites provided insight to develop mechanisms on how to remove children from this hazardous activity without undermining the precarious household economy. (TECL)

26. Regulations on the worst forms of child labour
Regulations on hazardous work by children have been published in January and came into effect in February 2010.
Pamphlets on these regulations were developed and distributed
The guidelines have been issued and plans to train inspectors are in the pipeline and will be achieved before the end of this financial year.

27. Coordination Established the Implementation Committee
Established Child labour intersectoral committees in the provinces
- Gauteng, Western Cape, Limpopo, Eastern Cape, Mpumalanga
Moving towards greater integration and dovetailing – Intent to identify existing structures and dovetailing in these because of the integrated nature of the work and children’s issues.
- (KZN, Western Cape, Limpopo, Northern Cape)

28. Institutional
Training has been provided to the provincial roving teams.
Follow up training is currently underway with the monitoring and evaluation of Children in the performance of artistic, advertising and cultural activities and child labour.
Awareness raising has been done through all the different media channels.
A host of pamphlets and documents have been distributed to stakeholders

29. Institutional
Gauteng provincial office had a child labour day during the month of June to raise awareness.
Envisage a child labour day later in the year
100 inspectors were trained on human trafficking through the IOM

30. What about other government Departments

31. Relevant Government Departments: SAPS
Manual systems and monitoring in place at local level to monitor services to vulnerable children. Stats are also available on reported cases (Child abuse, Neglect and exploitation of children)
SAPS as the secondary department in terms of this action step have done public awareness during child protection week, youth month and 16 days of activism
Existing training programmes updated i.e. Children and Youth at risk to incorporate the CLPA. CUBAC, CSEC, Trafficking and Regulations on WFCL. - Draft Module developed by 1 June Approval by 4 June 2010, Train the trainer by 14 June Implementation on 5 July 2010.
Amendments to existing information management systems designed and implemented to record all steps taken in key areas of a child labour policy (e.g. details regarding inspections, steps taken by departments responsible for social development of children, etc).

32. SAPS
The child protection register has been updated in conjunction with departments of Social Development and Justice and Constitutional Development.
SAPS, DSD and DHA will develop guidelines and procedures to enable the rapid and accurate identification and treatment of trafficked persons and children
Approved instructions on SAPS responsibilities in regard to children in conflict with the law., CUBAC, CSEC

33. Who still need to be verified:
Departments that still need to provide reports:
Social Development, Justice and Constitutional Development, Education, Water Affairs

34. Some Enforcement Data for child labour

35. Enforcement
Over the last three years the following cases were dealt with at a provincial level:
Period
(last 3 years)
Economic sector in which the incidence was reported
(e.g. domestic work, agriculture
How many children were involved
Status of the case
Any other information
Mpumalanga
Nil
Northern Cape
2008
2009
2007
Finance
Wholesale & Retail
Agriculture
agriculture 1 9
Final
Still in court
There was not enough evidence to prosecute
Case was postponed pending further investigation, but its back on the roll again
Appealed

36. Enforcement Period (last 3 years)
Economic sector in which the incidence was reported
(e.g. domestic work, agriculture
How many children were involved
Status of the case
Any other information
Free State
2009
Wholesale & Retail 1
Matter dealt with employer
Settled without Court intervention
Reported – 28/07/2008
Finalised – 26/06/2009
Agriculture 2
Prosecution
Case argued successfully in Court. Employer admitted guilt and paid an amount of R300
27/02/2007
Case dismissed from Court
None
Limpopo
July 2009
Hospitality Sector (restaurant)
Finalized as children were removed from duty  and the employer was found guilty and paid admission of guilt 
Gauteng (North and South)
Nil

37. Enforcement Period (Preferably over the last 3 years)
Give the exact period for each case if possible
Economic sector in which the incidence was reported
(e.g domestic work, agriculture
How many children were involved
Status of the case (Convictions) or Prosecutions
Any other information
Eastern Cape
(2007)
agriculture 33
Employer was charged and paid a R5000 fine
Western Cape 2
North West
Kwazulu Natal
042007 
                   
06/2009
06/2008
Domestic work                                       
 Domestic work
Wholesale & Retail
3                           3 1
Employer was charged and paid R per child
Employer was charged paid a fine of R600.00
Finalized

38. Roadmap for Achieving the Elimination of the Worst Forms of Child Labour by 2016
The roadmap has been agreed to in May 2010 by The Hague Global Child Labour Conference
South Africa together with other member states of the ILO agreed to the goals set out in the Roadmap
The Department envisages to have a child labour day later in the year to highlight the roadmap and other child labour issues
Guiding principles
Its primary responsibility for enforcing the right to education for all children.
The need to assume the responsibility at the highest level and with the best interests of children in mind,
Responsibility extends to developing and strengthening policies and programmes, in consultation with social partners,.
Action should include international cooperation where necessary to combat child trafficking, prostitution, production of pornography and the trafficking of drugs

39. The need for targeted action
Guiding principles for governments continued:
Consider ways to address the potential vulnerability of children to, in particular, the worst forms of child labour, in the context of migratory flows.
Strengthening the world wide movement against child labour, including by using traditional and new media.
The need for targeted action
The elimination of child labour should therefore be integrated in broader policy frameworks at national and sub-national levels, and policy coordination should be strengthened through appropriate inter-ministerial mechanisms.

40. Thank you